labor lawAdivision of labor law center

 After more than 15 months  of debate, the E-Verify mandate for federal contractors went into effect on September 8, 2009. The regulation also applies to most sub-contractors working on federal projects.

 

The new regulations apply to any business that signs or renews a federal contract worth $100,000 or more, on or after September 8, 2009. Federal contractors are also required to ensure that any sub-contractor they hire complies with the E-Verify regulations, which adds another layer of administration for many employers.

 

Employers may think they are covered because they already use E-Verify for all new hires, but they will be mistaken. The new regulations require employers to enroll anew in E-Verify, designating their business as a federal contractor.

 

A unique feature of the system is that employers must verify the work authorization of existing employees working on federal projects, as well as new hire. This means that even an employee who has been with the company for 50 years must prove that he or she is legally authorized to work in the U.S.

 

In a business where a single employee may handle varied tasks, it can be difficult to determine who is and is not working on a particular federal contract. In that case, the employer can verify the work authorization status of all existing employees.

 

However, if an employer chose to verify the work authorization status of only Hispanic employees, or only those who were non-citizens, that would be illegal discrimination based on race, color or national ancestry. The employer must re-verify all employees, or only those working on federal projects.

 

As part of the DHS E-Verify system, an employer can require that an employee or new hire who is a citizen use a Social Security card as one of the identity documents required on the I-9. Employers who do not use E-Verify still cannot dictate which identity documents an employee chooses to use, from the list provided on the I-9 form.

Last 10 posts by Amelia

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1. Posted by: Brittancus

   Any company that has hired more than 3-5 illegal aliens–MUST –be entirely aware that they are hiring foreign nationals? That’s why we need a comprehensive E-Verify application in operation, as permanent immigration identity software countrywide? Nor should it be on a voluntary basis for everybody. Long timers and new hires must be verified? Sen. Grassley must have heard from his constituencies, because a letter he sent to the Honorable Thad Cochran Chairman Ranking Member Committee on Appropriations Committee on Appropriation requesting their support for my amendment (S.A.1415). The amendment gives businesses a tool to ensure that they have a legal workforce by allowing them to check the status of all workers, NOT JUST NEW HIRES? The amendment allows for voluntary checks of existing employees through E-Verify in the working locations.

   Millions more will follow over borders, by plane and any entrance ports. They are already alert that free health care lies just across the international borders, for themselves, immediate family, young and old. This is the majority parties’ method to sneak health care for illegal families by legalization; America doesn’t even offer free treatment to its own people, who are hounded into bankruptcy for unpaid hospital bills. Americans absolutely cannot afford another path to citizenship, as it will have a major financial impact on our crumbling infrastructure, irreversible road to OVERPOPULATION and higher taxes. I am very agreeable with President Obama, for a European style health care package, but those illegal immigrants who have not been caught, will have to rely on a humane admittance to emergency hospitals.

2. Posted by: Amelia

   Hi Brittancus! Um, yes, free healthcare does lie just over the border. Both Canada and Mexico have provided free healthcare to residents for many years. Many undocumented workers actually return to Mexico to receive free healthcare, rather than pay for healthcare in the U.S. But thanks for sharing your opinions, anyway. ~ Amelia